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'Jus ad Bellum': The Law on Inter-State Use of Force

'Jus ad Bellum': The Law on Inter-State Use of Force

Author: Stuart Casey-Maslen
Publisher: Hart Publishing
ISBN: 9781509930692
Published In: August 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state - or group of states - may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention.

The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the 'responsibility to protect' and humanitarian intervention.

Introduction

I. War and the Foundations of International Law

II. A History of the Regulation of War under International Law

III. Jus ad bellum and Contemporary International Law

1. The General Prohibition on the Use of Force

I. Introduction

II. The Status of the Prohibition under International Law

III. The Scope and Content of the Prohibition on the Use of Force

IV. The Content of the Prohibition on the Threat of Force

2. Consenting to a Use of Force by Another State

I. Introduction

II. The Lawful Donor of Consent

III. The Expression of Valid Consent

IV. Withdrawal of Consent

V. Consent has no Bearing on the Duty to Respect Other Rules of International Law

3. Use of Force in Self-defence

I. Introduction

II. The Right of the State to Use Force in Self-defence

III. Use of Force in Defence of Other States

4. United Nations Security Council Authorisation to Use Force

I. Introduction

II. The Role of the UN Security Council

III. The Form and Content of a Council Authorisation to Use Force

IV. Respect for the Terms of the Authorisation

V. Security Council Authorisation and Regional Organisations

5. Use of Force and the Law of Neutrality

I. Introduction

II. The Origins of the Law of Neutrality

III. The Modern Law of Neutrality

6. The Legality of Humanitarian Intervention

I. Introduction

II. The Notion of Humanitarian Intervention

III. Humanitarian Intervention under International Law

IV. The Content and Consequence of 'Responsibility to Protect'

V. Rescue of Nationals as Humanitarian Intervention?

7. Responsibility for Aggression

I. Introduction

II. The Definition of Aggression

III. State Responsibility for Acts of Aggression

IV. Individual Responsibility for Aggression under International Criminal Law

V. Concluding Remarks

8. Use of Force in United Nations Peacekeeping Operations

I. Introduction

II. The Evolution in Peacekeeping Use of Force: From Self-defence to the Protection of Civilians

III. The International Legal Basis for Use of Force by

UN Peacekeepers

9. Rights and Obligations of Non-state Actors ad Bellum and in Bello

I. Introduction

II. 'Non-state Actor' and 'Non-state Armed Groups' Defined

III. Non-state Actors' Rights and Obligations under International Law

10. The Interrelationship between Jus ad Bellum and Jus in Bello

I. Introduction

II. The Relevance of ad Bellum Rules to an Application of Jus in Bello

III. Neutrality ad Bellum and in Bello

IV. Proportionality ad Bellum and in Bello

V. The Legality of Targeting under Jus in Bello and its Influence on the Legality of Action in Self-defence

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